Maryland does not have a Stand Your Ground law. Instead, the state follows a duty to retreat doctrine, which applies to public spaces and situations outside the home.
This means that individuals must attempt to avoid or retreat from danger, if safely possible, before using deadly force in self-defense.
Key Principles of Maryland’s Self-Defense Law
Duty to Retreat in Public and Outside the Home
In Maryland, the law requires individuals to retreat or avoid danger if it can be done safely, before resorting to deadly force. This duty to retreat applies in public spaces and outside your home. Deadly force can only be used when:
Retreating is not possible or safe.
You reasonably believe that deadly force is necessary to prevent imminent death or serious bodily harm.
This doctrine ensures that individuals do not escalate situations unnecessarily, and only use deadly force as a last resort when their safety is genuinely threatened.
Castle Doctrine in the Home
The duty to retreat does not apply inside your home or dwelling. Under Maryland’s Castle Doctrine, individuals are not required to retreat when faced with an immediate threat in their own residence.
In such cases, you have the right to defend yourself and others using reasonable force, which can include deadly force if warranted. This ensures that individuals can protect themselves in their own homes without the obligation to flee from danger.
Requirements for Self-Defense in Maryland
To legally claim self-defense in Maryland, certain requirements must be met:
Reasonable belief of danger: You must reasonably believe that you are in immediate danger of death or serious injury.
Not the aggressor: You cannot be the initial aggressor or provoke the confrontation.
Proportional force: The amount of force used must be necessary and proportionate to the threat you face. Excessive force is not justified.
Legal Process for Self-Defense
If you use force in self-defense, you could face criminal charges. In such cases, you will need to demonstrate that your actions were justified under the law. Maryland law places the burden of proof on the defendant, meaning that you must prove you acted reasonably and in compliance with self-defense requirements.
Comparison: Stand Your Ground vs. Duty to Retreat
| Doctrine | Duty to Retreat? (In Public) | Duty to Retreat? (In Home) |
|---|---|---|
| Stand Your Ground | No | No |
| Maryland’s Law | Yes, if safe to do so | No (Castle Doctrine applies) |
In summary, Maryland imposes a duty to retreat before using deadly force in public if it can be done safely. However, the state allows you to stand your ground and use force when defending yourself inside your own home under the Castle Doctrine.
It’s important to understand these legal distinctions to ensure that self-defense claims are in line with Maryland’s laws.
[1] https://en.wikipedia.org/wiki/Stand-your-ground_law
[2] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-maryland/
[3] https://en.wikipedia.org/wiki/Right_of_self-defense_in_Maryland
